If, after proper investigation and such hearings as the Commission deems necessary, the Commission determines that a structure, dwelling or other building is unsafe, unsanitary, dangerous or detrimental to the public safety or welfare, and/or there is a violation of the State Building Code, the Commission may cause a Final Notice to be issued to the owner to repair, improve, vacate, close, remove or demolish, or any combination thereof, the structure, dwelling or building. The content, service and posting of any such Notice shall be as follows:
(a) The Notice shall be in writing and contain the date of the last inspection, the name of the inspector, a reasonable description of the unsafe, unsanitary, dangerous or detrimental condition(s), the corrective measures required, the allotted time to correct the substandard condition(s) and the allotted time the owner has to request a hearing before the Building Enforcement Agency, which such request shall be made within ten days after the date of service of the Notice or such other specific date as set forth in such Notice. Such hearing, at which the owner or owners shall have the right to be heard in full and to introduce such relevant evidence and testimony as they desire, shall be held at the next regularly scheduling meeting of the Building Safety Commission, or at an earlier special meeting, or thereafter upon any date by agreement of the owner and the Commission. After such hearing, the Building Safety Commission shall issue a decision affirming, rescinding, altering, extending or modifying the Final Notice, which decision shall be made in writing within ten days after the hearing is concluded.
(b) The Notice shall specify the allotted time the owner has to apply to the Circuit Court of Pleasants County, West Virginia, for a temporary injunction or other similar relief restraining action by the Commission.
(c) The Notice shall be served upon the owner by conspicuously posting and attached a copy of the Notice to the subject property, and by serving the Notice on the owner in the same manner as provided by Rule 4 of the West Virginia Rules of Civil Procedure.
(d) If the Commission cannot effect personal service on the owner, a Code Enforcement Agency Official shall subscribe a written Affidavit, to be maintained for a minimum of two years, that demonstrates that the structure, dwelling, or building falls within one of the categories set forth in Section 1725.09 and sets forth the basis in reasonable detail, including documentation of same, and memorializes the Code Enforcement Agency Official's efforts to contact or get permission for entry and corrective action from the owner; and the Commission shall publish notice of its intent to enter the property for the purpose of demolition or correction, along with the address of the property, the name of the owner(s) and the date of the proposed action, as a Class II legal advertisement consistent with the requirements of West Virginia Code Chapter 59, Article 3, the first of which publication shall be made at least thirty days before the date of the proposed action by the Commission, and the last publication being no later than twenty days before the date of the proposed action by the Commission. (Ord. 2018-03. Passed 6-19-18.)